FIDIC Contracts in the Americas

Edited by Donald Charrett

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Glossary

Term Meaning Defined in section 1977 Red Book FIDIC1 Conditions of Contract for Works of Civil Engineering Construction – Third Edition 1977. 1.3.1 1987 Red Book FIDIC Conditions of Contract for Works of Civil Engineering Construction – Fourth Edition 1987. 1.3.1 1987 Yellow Book FIDIC Conditions of Contract for Electrical and Mechanical Works – Third Edition 1987. 1.3.1 1995 Orange Book FIDIC Conditions of Contract for Design-Build and Turnkey – First Edition 1995. 1.3.1 1999 Red Book FIDIC Conditions of Contract for Construction – First Edition 1999. 1.3.1 1999 Silver Book FIDIC Conditions of Contract for EPC/Turnkey Projects – First Edition 1999. 1.3.1 1999 Yellow Book FIDIC Conditions of Contract for Plant and Design-Build – First Edition 1999. 1.3.1 2017 Red Book FIDIC Conditions of Contract for Construction – Second Edition 2017. 1.3.1 2017 Silver Book FIDIC Conditions of Contract for EPC/Turnkey Projects – Second Edition 2017. 1.3.1 2017 Yellow Book FIDIC Conditions of Contract for Plant and Design-Build – Second Edition 2017. 1.3.1 Abrahamson Principles Principles of fair and balanced risk allocation, articulated in Max W Abrahamson, ‘Risk Management’ (1983) International Construction Law Review 241, 244. 2.4 Accepted Contract Amount FIDIC definition (Red,2 Pink, Yellow,3 Gold and Emerald Books). FIDIC GCs Acción de Nulidad Nullity action (Uruguay). 12.2.13 ad solemnitatem A civil law expression that means ‘for solemnity’ and consists of a formal requirement imposed by law for a legal act to be valid. 12.9.1.3 adhesion contract

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A contract in which its essential clauses are imposed or are drafted by one party, by a third person especially for a party or as a result of its instructions, the other party having only the possibility to accept the contract as such. ADR Alternative dispute resolution – alternative to resolution by litigation in court. Advance Payment Certificate FIDIC definition (2017 Red, 2017 Yellow and Emerald Books). FIDIC GCs Advance Payment Guarantee FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver4 and Emerald Books). FIDIC GCs Aguinaldo Thirteenth salary (Uruguay). 12.2.6.1 Alcades The third level of government in certain cities (Uruguay). 12.1.3 amiable compositeur The power given by parties to an arbitrator to decide a dispute equitably or ex aequo et bono without strict regard to the rules of law that would otherwise apply. Appendix to Tender FIDIC definition (1987 Red, 1999 Red and 1999 Yellow Books). FIDIC GCs ART Technical Responsibility Annotation (Brazil). 5.2.3 Bank FIDIC definition (Pink Book). FIDIC GCs Base Date FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Bill of Quantities FIDIC definition (Red, Pink and Emerald Books). FIDIC GCs BIM Building information modelling or building information management. 6.2.5 BIT Bilateral investment treaty. 4.2.11 Blue-Green Book FIDIC Form of Contract for Dredging and Reclamation Works – First Edition 2006, Second Edition 2016. 1.3.1 BoQ Bill of Quantities. Borrower FIDIC definition (Pink Book). FIDIC GCs BOOT Build, own, operate, transfer. 10.1.1 BOT Build, operate and transfer. 7.2.10 CABOCO Cámara Boliviana de la Construcción (Bolivia) 4.2.2 CADECOCRUZ Cámara de la Construcción de Santa Cruz (Bolivia). 4.2.2 CAM Santiago Santiago Chamber of Commerce (Chile). 7.2.11 CAR

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Construction all risks insurance policy. 7.2.9 CAU Regional Councils for Architecture and Urbanism (Brazil). 5.2.3 causa A lawful cause required for the existence of a contract in a civil law system. CC Chilean Civil Code. 7.1.2 CCA Canadian Construction Association. 6.2.9 CChC Chilean Chamber of Construction. 7.2.2 CCQ Commission de la construction du Québec (Canada). 6.2.2 CFPO Act Corruption of Foreign Public Officials Act (Canada). 6.2.7 CIADI International Centre for Settlement of Investment Disputes. 10.2.11 CIB Canada Infrastructure Bank. 6.2.1.1 CIPA Accident Prevention Commission (Comissão Interna de Prevenção de Acidentes) (Brazil). 5.2.5 Civil Code Civil Code of Quebec (Canada). 6.1.2 civil law A system of law in which the laws are codified in a large number of general rules and principles. 1.1.2 Claim FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs Commencement Date FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs common law The body of law developed by judges from around the 11th century in England, and later exported to its various colonies such as Canada, the USA, Australia, Fiji, Hong Kong, India, Malaysia and Singapore. 1.1.2 Completion Schedule FIDIC definition (Emerald Book). FIDIC GCs Compliance Verification System FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs Conditions of Contract FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs Contract The construction contract being referred to. 1.1.1 Contract FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contract Agreement FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contract Data FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs contract of adhesion

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See adhesion contract. Contract Participants All the persons referred to in a FIDIC Contract. 2.4 Contract Price FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contract Risk Management Plan FIDIC definition (Emerald Book). FIDIC GCs Contract Risk Register FIDIC definition (Emerald Book). FIDIC GCs Contracting Authority The government authority that contracts with a special-purpose entity (Project Co) in a P3 (PPP) (Canada). 6.2.1.2 Contractor The party to a construction contract (the Contract) who carries out the work. 1.1.1 Contractor FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contractor's Documents FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contractor's Equipment FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contractor's Key Equipment FIDIC definition (Emerald Book). FIDIC GCs Contractor's Key Personnel FIDIC definition (Emerald Book). FIDIC GCs Contractor's Personnel FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Contractor's Proposal FIDIC definition (Yellow, Gold and Emerald Books). FIDIC GCs Contractor's Representative FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Cost FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Cost Plus Profit FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs Country FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs CPE Constitucion Politica del Estado 2009 (Bolivia) 4.1.1 CREA Conselho Regional de Engenharia, Arquitetura e Agronomia (Regional Council of Engineering, Architecture and Agronomy) (Brazil). 5.2.3 curial law The law governing the existence and operation of the arbitral tribunal, generally the law of the ‘seat’ of arbitration. Also known as the lex arbitrii. 1.5.5 DAAB Dispute Avoidance/Adjudication Board. FIDIC GCs DAAB Agreement

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FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs DAB FIDIC definition (1999 Red, 1999 Yellow, 1999 Silver and Gold Books). FIDIC GCs Date of Completion FIDIC definition (Red, Yellow, Silver and Emerald Books). FIDIC GCs day FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs Daywork Schedule FIDIC definition (Red, Pink, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs DB Dispute Board. FIDIC definition (Pink Book). FIDIC GCs DBFM Design, build, finance and maintain. 6.2.1.2 DBOT Design, build, operate, transfer. 10.1.1 DCMF Design, construct, manage, finance. 10.1.1 decennial liability Liability of the Architect, Engineer and Contractor for a period of ten years for the stability and suitability of the construction and for defects due to the ground, the materials, the calculations or the deficient direction of the works (Uruguay). 12.5.1.1 Decree Urgency Decree No 021-2020 creating a new public procurement regime (Peru). 10.2.8.1 Defects Notification Period FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs Delay Damages FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs Departamento Local district (Uruguay). 12.1.2 design All plans, drawings, sketches, instructions and descriptions that determine the way the Works (or parts of it) are to be constructed. Design includes the writing or selection of specifications as well as the production of plans and drawings and any element of choice on the part of the designer, such as requirements as to materials or working methods. design contract A contract for the preparation of a design to be constructed under a construction contract. Diputados The members of the Chamber of Representatives elected by the Departamentos (Uruguay). 12.1.3 Dispute

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FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs Dispute Avoidance/Adjudication Board FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs Dispute Adjudication Board A Dispute Board that provides a provisionally binding decision on a dispute referred to it; if neither party issues a notice of dissatisfaction within a defined time, the decision becomes final and binding. Dispute Board A panel of one or three suitably qualified and experienced independent persons appointed under the Contract to provide a determination of a dispute referred to it.

A Dispute Board may be a Dispute Avoidance/Adjudication Board (DAAB), a Dispute Adjudication Board (DAB), a Dispute Review Board (DRB) or a Dispute Resolution Board (DRB).

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